| Alabama |
Kentucky |
North Dakota |
| Alaska |
Louisiana |
Ohio |
| Arizona |
Maine |
Oklahoma |
| Arkansas |
Maryland |
Oregon |
| California |
Massachusetts |
Pennsylvania |
| Colorado |
Michigan |
Rhode Island |
| Connecticut |
Minnesota |
South Carolina |
| Delaware |
Mississippi |
South Dakota |
| District of Columbia |
Missouri |
Tennessee |
| Florida |
Montana |
Texas |
| Georgia |
Nebraska |
Utah |
| Hawaii |
Nevada |
Vermont |
| Idaho |
New Hampshire |
Virginia |
| Illinois |
New Jersey |
Washington |
| Indiana |
New Mexico |
West Virginia |
| Iowa |
New York |
Wisconsin |
| Kansas |
North Carolina |
Wyoming |
| |
ALABAMA
|
| Adoption and Placement |
No person shall bring or send any child into Alabama for the purpose of placing him, procuring his adoption or placing him in any child-care facility, without first obtaining the consent of the Department of Human Resources of the State of Alabama. Ala. Code § 38-7-15 (2006). The Department has the right of visitation and supervision of the child and the home or the child-care facility in which he is placed until adoption becomes final or the child becomes 18 years old. § 38-7-15(a)(9). |
| Domestic Violence |
Alabama’s domestic relation laws formally recognize the role of supervised visitation in resolving custody disputes. A court may award visitation by a parent who committed domestic violence only if the court finds that adequate provision for the safety of the child who is a victim of domestic violence can be made. Ala. Code § 30-3-135 (2006). In such visitation order, a court may provide for supervised visitation. § 30-3-135(b)(2). If a court allows a family member to supervise visitation, it will establish conditions to be followed during visitation. § 30-3-135(e). In determining whether to allow for visitation when a parent has committed domestic violence against a child, the court will consider the safety and well-being of the child and the parent’s history of causing physical harm or causing reasonable fear of physical harm. Ala. Code § 30-3-132 (2006). |
| Juvenile Proceedings |
For children who come within the jurisdiction of the juvenile court, the court may enter an order of protection to protect the health or safety of a child after a dependency petition has been filed. Ala. Code § 12-15-150 (2006). Such order may permit a parent to visit the child at stated periods under stated conditions or deny visitation. §12-15- Ala. Code 152(b)(3) (2006). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
ALASKA
|
| Divorce |
In an action for divorce, legal separation or for placement of a child, if the court finds that a parent has a history of perpetrating domestic violence, the court shall allow only supervised visitation by that parent with the child, conditioned on that parent’s participating in and successfully completing an intervention program for batterers, and a parenting education program. Alaska Stat. § 25.24.150(j) (2006). The court may allow unsupervised visitation if it is shown that the parent has completed a substance abuse treatment program if the court considers it appropriate, is not abusing alcohol or psychoactive drugs, does not pose a danger of mental or physical harm to the child, and unsupervised visitation is in the child’s best interests. § 25.24.150(j). |
| Domestic Violence |
A person who has been a victim of domestic violence may file a petition for a protective order against a household member. Alaska Stat. § 18.66.100(a) (2006). A parent, guardian, or other representative appointed by the court may file a petition for a protective order on behalf of a minor. § 18.66.100(a). The protective order may, among other things, award temporary custody of a minor child to the petitioner and may arrange for visitation with a minor child. § 18.66.100(c)(9). The court may order supervised visitation to ensure safety of the child and petitioner. § 18.66.100(c)(9).
In a custody proceeding, if visitation is awarded to a parent who has committed domestic violence against the other parent or a child of the two parents, within the five years preceding the award of visitation, the court in its discretion may set conditions for the visitation, including requiring the transfer of the child for visitation to occur in a protecting setting or otherwise requiring supervised visitation by another person or agency. Alaska Stat. § 25.20.061(2) (2006). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
ARIZONA
|
| Divorce |
In a child custody proceeding, either parent may request an order, or if the court finds that the child’s physical health would be endangered or the child’s emotional development would be significantly impaired, and if the court finds that the best interests of the child would be served, the court shall order a local social service agency to exercise continuing supervision over the case to assure that the custodial or parenting time terms of the decree are carried out. Ariz. Rev. Stat. § 25-410(B) (2006).
When enforcement of custody or parental visitation are at issue in a dispute resolution proceeding, a Family Law Conference Officer may submit a written agreement signed by all parties or recommend, among other things, supervised parenting time or supervised exchange of the children, appointing a volunteer who is approved by all parties to supervise parenting time or referring the matter to a local social service agency to exercise continuing supervision of custody or parenting time terms. 17B Ariz. Rev. Stat. Rules Fam. Law Proc. Rule 73(C) (2006).
In family law cases, the court may consider private mental health services for therapeutic supervision of parenting time or supervised exchanges of parenting time to protect the parties and their children from harm. 17B Ariz. Rev. Stat. Rules Fam. Law Proc. Rule 95 (2006). |
| Domestic Violence |
If the court finds that a parent has committed an act of domestic violence, that parent has the burden to prove to the court’s satisfaction that parenting time will not endanger the child or significantly impair the child’s emotional development. Ariz. Rev. Stat. § 25-403.03(F) (2006). If the parent meets this burden to the court’s satisfaction, the court shall place conditions on parenting time that best protect the child and the other parent from further harm. § 25-403.03(F). The court may, among other things, order that an agency specified by the court must supervise parenting time. § 25-403.03(F)(2). If the court allows a family or household member to supervise parenting time, the court shall establish conditions that this person must follow during parenting time. § 25-403.03(F)(2).
Unless the court finds that there is no significant risk to the child, the court shall not grant a person sole or joint physical or legal custody of a child or unsupervised parenting time with a child if the person is a registered sex offender or has been convicted of murder in the first degree and the victim of the murder was the other parent of the child who is the subject of t he order. Ariz. Rev. Stat. § 25-403.05 (2006). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
ARKANSAS
|
| Abduction |
If the court finds that it is in the best interest of the child to take measures to protect the child from international abduction, then the court may, among other things, order supervised visitation for a parent, a custodian or any other individual who has been granted visitation rights. Ark. Code § 9-13-406(a)(3) (2006). If a court orders supervised visitation, the court shall order the supervised visitation to continue until the court finds that supervised visitation is no longer necessary or until the child reaches eighteen years of age. § 9-13-406(b)(1). Additionally, if the court orders supervised visitation, then the court’s order shall require that the supervisor be present with the child at all times, that the supervised visitation takes place at all times at a visitation center or other location and the usage of all necessary security professionals, protocols, procedures, or devices. § 9-13-406(b)(2). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
CALIFORNIA
|
| Custody |
In a child custody mediation service, the court must ensure that assistance is given to the parties involved in developing a parenting plan that protects the health, safety, welfare, and best interest of the child, by including, as appropriate, provisions for supervised visitation. Cal. Rules of Court, Rule 5.210(e)(4) (2006).
If the court determines that there is a need for preventive measures due to risk of abduction of a child in any child custody or visitation proceeding, the court shall consider, among other things, ordering supervised visitation to prevent the abduction. Cal. Fam. Code § 3048(b)(2)(A) (2006). |
| Domestic Violence |
Family Court Services must asses the nature of any domestic violence issues in a family domestic violence case and offer appropriate services, such as supervised visitation. Cal. Rules of Court, Rule 5.215(d)(2)(D) (2006). |
| Sexual Abuse |
The court may order supervised visitation if the court finds substantial evidence that the parent, with the intent to interfere with the other parent’s lawful contact with the child, made a report of child sexual abuse, during a child custody proceeding or at any other time, that he or she knew was false at the time it was made. Cal. Fam. Code § 3027.5(b) (2006). An order for supervised visitation for making a false child abuse report, shall be imposed only after the court has determined that the limitation is necessary to protect the health, safety, and welfare of the child, and the court has considered the state’s policy of assuring that children have frequent and continuing contact with both parents. § 3027.5(b).
No person shall be granted unsupervised visitation with, a child if the person is required to be registered as a sex offender where the victim was a minor, unless the court finds that there is no significant risk to the child. Cal. Fam. Code § 3030(a)(1) (2006). Additionally, no person shall be granted unsupervised visitation with, a child if anyone residing in the person’s household is required, as a result of a felony conviction in which the victim was a minor, to register as a sex offender, unless the court finds there is no significant risk to the child. § 3030(a)(2). No person shall be granted unsupervised visitation with, a child if the person has been convicted of murder in the first degree and the victim of the murder was the other parent of the child who is the subject of the order, unless the court finds that there is no risk to the child’s health, safety, and welfare. § 3030(c). |
| Supervised Visitation Program |
California legislature has adopted uniform standards of practice for providers of supervised visitation. Cal. Fam. Code § 3200 (2006). The Judicial Council shall develop standards for supervised visitation providers. § 3200. The standards of practice apply to all providers of supervised visitation, whether the provider is a friend, relative, paid independent contractor, employee, intern, or volunteer operating independently or through a supervised visitation center or agency. Ca. Stat. Jud. Admin. Standards 5.20(a) (2006). Supervised visitation is contact between a noncustodial party and one or more children in the presence of a neutral third person. 5.20(b). In making a decision as to the manner and terms in which supervision is provided, the court may consider recommendations of the parties and their attorneys, Family Court Services staff, evaluators, therapists, and providers of supervised visitation. 5.20(c). Each court is encouraged to make available to all providers of supervised visitation informational materials about the role of a provider, the terms and conditions of supervised visitation, and the legal responsibilities and obligations of a provider. 5.20(d)(1). To assure the safety and welfare of the child and adults during visitation, supervised visitation centers should establish a written protocol with the assistance of local law enforcement agency that describes the emergency assistance and responses that can be expected from the local law enforcement agency. 5.20(e). Professional and therapeutic providers of supervised visitation should conduct comprehensive intake and screening to assess the nature and degree of risk for each case and may suspend or terminate a visit if the provider determines that the risk factors present are placing in jeopardy the safety and welfare of the child or provider. 5.20(e)(2), (5). If a provider of supervised visitation determines that the rules of the visit have been violated, the child has become acutely distressed, or the safety of the child or the provider is at risk, the visit may be temporarily interrupted, rescheduled at a later date, or terminated. 5.20(n)(2).
The family law division of the superior court in each county may establish and administer a supervised visitation and exchange program. Cal. Fam. Code § 3203 (2006). The programs shall allow parties and children to participate in supervised visitation between a custodial party and a noncustodial party or joint custodians. § 3203. |
COLORADO
|
| Divorce |
In a divorce proceeding, the court shall not restrict a parent’s parenting time rights unless it finds that the parenting time would endanger the child’s physical health or significantly impair the child’s emotional development. Colo. Rev. Stat. § 14-10-129(1)(b)(I) (2006). A motion to restrict parenting time with a parent which alleges that the child is in imminent physical or emotional danger due to the parenting time or contact by the parent shall be heard and ruled upon by the court not later than seven days after the day of the filing of the motion. §14-10-129(4). Any parenting time which occurs during such seven day period after filing of such a motion shall be supervised by an unrelated third party deemed suitable by the court or by a licensed mental health professional. §14-10-129(4). |
| Domestic Violence |
The a municipal court authorized to issue protection or restraining orders and any county court, in connection with issuing a civil protection order, shall have original concurrent jurisdiction with the district court to issue such additional orders as the municipal or county court deems necessary for the protection of persons. Colo. Rev. Stat. § 13-14-102(15) (2006). Such additional orders may include supervision of parenting time by a third party who agrees to the terms of the supervised parenting time. § 13-14-102(15)(e)(II). |
| Children’s Centers for the Courthouse Program |
The legislature of Colorado recognizes that many family members attend court for juvenile delinquency proceedings, domestic violence and child protection proceedings. Colo. Rev. Stat. § 13-3-113(2)(a) (2006). Many individuals involved in court proceedings may have additional court-ordered service needs involving their children, including, but not limited to, supervised parenting time and the transfer of the physical custody of a child from one parent to the other. § 13-3-113(2)(c). Therefore, the legislature created the family-friendly court program to provide quality family-friendly court services to families and the children of individuals who are attending court proceedings. § 13-3-113(4). The goal of such programs shall be to provide quality child care in or near courthouses to the children of individuals and families who attend court related proceedings. § 13-3-113(2)(d). The state court administrator, in determining which judicial districts may receive grant moneys shall consider the extent that a judicial district is responsible for, among other things, funding, staffing and assistance from other public and private organizations, providing additional court-related family services to families and children such as supervised parenting time. Colo. Rev. Stat. § 13-3-113(5)(b)(IV). |
| Supervised Visitation Program |
The legislature has authorized an appropriate agency to develop a parenting time enforcement program. Colo. Rev. Stat. § 14-10.5-104(1)(a) (2006). The program shall address the enhancement and facilitation of children’s access to the parents with whom such children reside less than the majority of the time by, if appropriate, supervised visitation. § 14-10.5-104(1)(a)(V). |
CONNECTICUT
|
| Divorce |
In any controversy as to the custody or care of minor children, the court may make or modify an order regarding, among other things, visitation. Conn. Gen. Stat. § 46b-56(a) (2006). In making or modifying such an order, the rights and responsibilities of both parents shall be considered and the court shall enter orders accordingly that serve the best interests of the child and provide the child with the active and consistent involvement of both parents. §46b-56(b). In making or modifying any such order, the court shall consider the best interests of the child, and in doing so may consider, among other things, the effect on the child of the actions of an abuser, if any domestic violence has occurred between the parents or between a parent and another individual or the child, and whether the child or a sibling of the child has been abused or neglected. 46b-56(c). |
| Supervised Visitation Program |
Visitation Centers shall be established to facilitate visits between children in the custody of the Commissioner of Children and Families and those family members subject to supervised visitation. Conn. Gen. Stat. § 17a-101l (2006). |
DELAWARE
|
| Sexual Abuse |
If the court finds by a preponderance of the evidence that a parent has sexually abused a child, the court shall prohibit all visitation and contact between the abusive parent and the child until such time as the court finds that supervised visitation would not harm, endanger or impair the child’s physical, psychological or emotional well-being. Del. Code. tit. 13, §710A (2007).
In determining whether such visitation may be appropriate, the court should consider whether the abusive parent has successfully completed a treatment program of evaluation and counseling specifically designed for sexual abusers, whether the abusive parent has successfully completed a program of alcohol or drug abuse counseling; any testimony by a mental health professional who is the therapist for the abused child or the abusive parent, and whether supervised visitation is in the child’s best interests. § 710A(1)-(5). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
DISTRICT OF COLUMBIA
|
| Child Abuse |
At the close of the initial hearing in cases in which a child is alleged to be neglected and/or abused, the judicial officer shall determine, among other things, that visitation is to be prohibited or supervised. D.C. Rules, Neglect and Abuse, Rule 15 (a)(4) (2006). |
| Domestic Abuse |
If the Family Division finds there is good cause to believe the respondent has committed or threatening an intrafamily offense, it may issue a protection order including but not limited to providing for visitation rights with appropriate restrictions to protect the safety of the complainant. D.C. Code §16-1005(c)(7). An “intrafamily offense” is any act punishable as a criminal offense committed by an offender upon a person to whom the offender is related by blood, legal custody, marriage, having a child in common, or with who the offender shares or has shared a mutual residence; or with whom the offender maintains or maintained a romantic relationship not necessarily including a sexual relationship. D.C. Code § 16-1001(5). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
FLORIDA
|
| Child Abuse and Sexual Offenses |
When a petition for shelter placement or a petition for dependency has been filed or when a child has been taken into custody and reasonable cause exists, the court shall have the authority to issue an injunction to prevent any act of child abuse or any unlawful sexual offense involving a child. Fla. Stat. § 39.504(1)(a) (2007). The conditions of the injunctions shall be determined by the court, which conditions may include ordering the alleged or actual offender to have supervised visitation with the child. § 39.504(3)(b)(5).
If the court finds that the facts alleged in the petition for dependency were proven, or if the parents or legal custodians have consented to the finding of dependency or admitted the allegations in the petition, have failed to appear for the arraignment hearing after proper notice, or have not been located despite a diligent search having been conducted, the court shall conduct a disposition hearing. Fla. Stat. § 39.521(1) (2007). When the child is adjudicated by a court to be dependent, the court has the power to require placement of the child either under the protective supervision of an authorized agent of the department in the home of one or both of the child’s parents or in the home of a relative of the child or another adult approved by the court, or in the custody of the department. § 39.521(1)(b)(3). Protective supervision continues until the court terminates it or until the child reaches the age of 18, whichever date is first. § 39.521(1)(b)(3). Protective supervision shall be terminated by the court whenever the court determines that permanency has been achieved for the child, whether with a parent, another relative, or a legal custodian, and that protective supervision is no longer needed. § 39.521(1)(b)(3). |
| Domestic Violence |
In a domestic violence case, the court shall consider supervised visitation, withholding visitation, or other arrangements for visitation that will best protect the child and petitioner from harm. Fla. Stat. § 741.2902(2)(e) (2007). In a final judgment of injunction for protection against domestic violence, the court shall conduct a hearing and make a finding of whether domestic violence occurred or whether imminent danger of domestic violence exits. Fla. Fam. L. R. P. Rule 12.610(c)(C). If court determines that an injunction will be issued, the court shall also rule on whether temporary visitation will occur and whether it will be supervised. Fla. Fam. L. R. P. Rule 12.610(c)(C)(iv). |
| Workforce Innovation |
Workforce Florida, Inc., in conjunction with state and local partners in the workforce system, shall develop a strategic plan or workforce, with the goal of producing skilled employees for employers in the state. Fla. Stat. § 445.006(1) (2007). Workforce Florida, Inc., must establish an operational plan to include strategies designed to prevent or reduce the need for a person to receive public assistance. § 445.006(6)(a). The strategies must include a component that encourages community-based initiatives that increase support provided by noncustodial parents to their welfare-dependent children including encouraging involvement of fathers with their children in ordered supervised visitation and a component that encourages formation and maintenance of two-parent families through, among other things, court-ordered supervised visitation. § 445.006(6)(a)(2)-(3). |
| Supervised Visitation Programs |
The Florida legislature created the Florida Family Visitation Network to serve as a clearinghouse on resources and research of supervised visitation programs. Fla. Stat. § 753.002 (2007). A supervised visitation program exists where there is contact between a noncustodial parent and one or more children in the presence of a third person responsible for observing and ensuring the safety of those involved. Fla. Stat. § 753.001(1) (2007). Supervised visitation programs may also include exchange monitoring of children who are participating in court-ordered visitation programs or exchange monitoring where there has been mutual consent between parties for the purposes of facilitating a visitation. § 753.001(1).
A supervised visitation project must be approved by the board of county commissioners of the county in which the project is located if a county-owned facility is used as a visitation site or personnel paid by the county participate in the supervised visitation program. § 753.004(3) (2007). |
GEORGIA
|
| Custody |
In a case in which the custody or visitation by a parent is at issue and in which the court has made a finding of family violence, the court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. Ga. Code § 19-9-1(a)(2)(D) (2006). The court may order supervised visitation. § 19-9-1(a)(2)(D); Ga. Code § 19-9-3 (a)(3)(D). |
| Domestic Violence |
A court may award supervised visitation to a parent who committed one or more acts involving family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of family violence can be made. Ga. Code. § 19-9-7(a) (2006). The court may order visitation to be supervised by another person or agency. § 19-9-7(a)(2). If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation. § 19-9-7(d).
If a court of another state or a court of Georgia has made a finding of family violence on the part of either parent of the child, in issuing a temporary order enforcing a visitation schedule or the visitation provisions of a child custody determination of another state, a court of Georgia may enter any orders necessary to ensure the safety of the child and of any person who has been the victim of family violence, including but not limited to an order for supervised visitation. Ga. Code § 19-9-84(c) (2006). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
HAWAII
|
| Divorce |
In an action for divorce, separation, annulment, separate maintenance or other proceeding where there is at issue a dispute as to the custody of a minor child, a court may award visitation to a parent who committed family violence only if the court finds that adequate provision can be made for the physical safety and psychological well-being of the child and for the safety of the parent who is a victim of family violence. Haw. Rev. Stat. § 571-46(10) (2006). In a visitation order, a court may order visitation supervised by another person or agency. § 571-46(11)(B). If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation. § 571-46(13). A supervised visitation center must provide a secure setting and specialized procedures for supervised visitation and the transfer of children for visitation and supervision by a person trained in security and the avoidance of family violence. § 571-46(14). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
IDAHO
|
| Domestic Violence |
The legislature finds that there is an increasing incidence of children and family members in court proceedings, including juvenile corrections, domestic violence, domestic relations, adoptions, and child protection actions. Idaho Code § 32-1401 (2006). An effective response to address the needs of families and children in resolving these disputes would include supervised visitation by trained providers to assure the safety and welfare of children in cases where certain risk factors are identified. Idaho Code § 32-1402(6). |
| Supervised Visitation Program |
In any action brought under the Child Protective Act and Juvenile Corrections Act, the court may direct the parties to appear before it for a conference before trial to determine supervised access to children. Idaho R. C. P. Rule 16(o)(a). This rule sets forth the duties and obligations for providers of supervised access to children. Rule 16(o)(b). Supervised Access is any contact between a supervised party and one or more children in the presence of an approved provider. Rule 16(o)(d)(i). The court shall make the final decision as to who the provider will be, the manner in which supervised access is provided, and any terms or conditions thereof. Rule 16(o)(e). |
ILLINOIS
|
| Divorce |
The circuit court shall provide an expedited procedure for enforcement of court ordered visitation in cases of visitation abuse. Visitation abuse occurs when a party has willfully and without justification denied another party visitation as set forth by the court or exercised his visitation rights but in a manner which is harmful to the child or child’s custodian. 750 Ill. Comp. Stat. § 5/607.1(a) (2006). If the court finds that visitation abuse has occurred, it may order supervised visitation with a third party or public agency. § 5/607.1(c)(2). |
| Domestic Violence |
If the court finds that petitioner has been abused by a family or household member or that petitioner is a high-risk adult who has been abused, neglected, or exploited, an order of protection prohibition the abuse, neglect, or exploitation shall issue. 750 Ill. Comp. Stat. § 60/214(a) (2006); 725 Ill. Comp. Stat. § 5/112A-14(a) (2006). The remedies to be included in an order of protection shall include among other things, supervised visitation with a minor if the court finds that the respondent has done or is likely to do any of the following: (i) abuse or endanger the minor child during visitation; (ii) use the visitation as an opportunity to abuse or harass petitioner or petitioner's family or household members; (iii) improperly conceal or detain the minor child; or (iv) otherwise act in a manner that is not in the best interests of the minor child. A person may be approved to supervise visitation only after filing an affidavit accepting that responsibility and acknowledging accountability to the court. § 60/214(b)(7). |
| Youthful Intoxicated Drivers’ Visitation Program |
As a condition of probation or discharge of a person convicted of driving under the influence, who was less than 21 years of age at the time of the offense, the court may order the offender to participate in the Youthful Intoxicated Drivers’ Visitation Program. 625 Ill. Comp. Stat. § 5/11-501.7(a) (2006). The program shall consist of a supervised visitation by the person to at least one of the following: a state or private rehabilitation facility that cares for victims of motor vehicle accidents involving persons under the influence of alcohol, a facility which cares for advance alcoholics to observe persons in the terminal stages of alcoholism, or the county coroner’s office or the county morgue to observe appropriate victims of motor vehicle accidents involving persons under the influence of alcohol. § 5/11-501.7(a)(1)-(3). |
| Supervised Visitation Program |
The Department of Children and Family Services shall exercise supervision over visitation as ordered by a court pursuant to the Illinois Marriage and Dissolution of Marriage Act or the Adoption Act if the court directs such services. 20 Ill. Comp. Stat. § 505/5(t). The Department shall provide written notification to the court of the specific arrangements for supervised visitation. § 505/5(t). |
INDIANA
|
| Custody |
If, in a proceeding for custody or modification of custody, the court requires supervision during the noncustodial parent’s parenting time privileges, the court shall enter a conditional order naming a temporary custodian for the child. Indiana Code § 31-17-2-11(a)(1) (2006). |
| Domestic Violence |
There is a rebuttable presumption that a court shall order that the noncustodial parent’s parenting time must be supervised if the noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the noncustodial parent’s child. Indiana Code § 31-17-2-8.3(a), (b) (2006). The parenting time must be supervised for at least one year and not more than two years immediately following the crime involving domestic or family violence or until the child
becomes emancipated, whichever occurs first. § 31-17-2-8.3(b). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
IOWA
|
| Child Abuse |
If a child is removed from the child’s home in accordance with an order based upon evidence indicating the presence of an illegal drug in the child’s body, the court shall allow the child’s parent reasonable visitation or supervised visitation with the child, unless the court finds that substantial evidence exists to believe that reasonable visitation or supervised visitation would cause an imminent risk to the child’s life or health. Iowa Code § 232.107 (2006) |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
KANSAS
|
| Custody |
To enhance the enforcement of court ordered child visitation rights and parenting time, the legislature established a expedited procedure to provide justice without necessitating the assistance of legal counsel. Kan. Stat. § 23-701(a) (2005). If, after a motion seeking expedited enforcement is filed, the hearing officer finds that there has been an unreasonable interference with or denial of visitation or parenting time, the hearing officer shall enter an order providing for, if appropriate, supervised visitation. § 23-701(g)(6). |
| Divorce |
In a divorce proceeding, the court may order exchange or visitation to take place at a child exchange and visitation center if appropriate. Kan. Stat. § 60-1616(f) (2005). |
| Supervised Visitation Program |
The attorney general shall provide for child exchange and visitation centers throughout the state for victims of domestic or family violence and their children to allow court-ordered child exchange or visitation. Kan. Stat. § 75-720(a) (2005). The child exchange and visitation center shall provide a secure setting and specialized procedures for supervised visitation and the exchange or transfer of children for visitation. § 75-720(b)(1). Supervision shall be by a person trained in security and the avoidance of domestic and family violence. § 75-720(b)(2). A child exchange and visitation center is for children who have been removed from their parents and placed outside the home as a result of abuse or neglect and for children whose parents are separated or divorced and the children are at risk because: there is documented sexual, physical, or emotional abuse; there is suspected or elevated risk of sexual, physical or emotional abuse, or there have been threats of parental abduction of the child; there is ongoing risk of harm to a parent or child due to domestic violence; a parent is impaired because of substance abuse or mental illness; or other circumstances, as determined by the court, point to the existence of such a risk. § 75-720(c)(1)-(6). |
KENTUCKY
|
| Supervised Visitation Programs |
The Kentucky legislature appropriated $843,400 in General Fund moneys and $131,600 in Federal Funds in fiscal year 2007-2008 for supervised visitation centers. H.B. 362, 2007 Leg., Reg. Sess. (Ky. 2007). |
LOUISIANA
|
| Domestic and Sexual Abuse |
In a divorce proceeding, if the court finds that a parent has a history of perpetrating family violence, the court shall allow only supervised child visitation with that parent, conditioned upon that parent’s participation in and completion of a treatment program. La. Rev. Stat. § 9.364(C) (2006). If the court finds by clear and convincing evidence, that a parent has sexually abuse his or her child or children, the court shall prohibit all visitation and contract between the abusive parent and the children, until such time the court finds, by a preponderance of the evidence, that the abusive parent has successfully completed a treatment program designed for such sexual abusers, and that supervised visitation is in the children’s best interest. § 9.364(D). |
| Supervised Visitation Standards |
Supervised visitation means face-to-face contact between a parent and a child which occurs in the immediate presence of a supervising person approved by the court under conditions which prevent any physical abuse, threats, intimidation, abduction, or humiliation of either the abused parent or the child. La. Rev. Stat. § 9:362(6) (2006). The supervising person shall not be any relative, friend, therapist, or associate of the parent perpetrating family violence. § 9:362(6). With the consent of the abused parent, the supervising person may be a family member or friend of the abused parent. § 9:362(6). At the request of the abused parent, the court may order that the supervising person shall be a police officer or other competent professional. § 9:362(6). The parent who perpetrated family violence shall pay any and all costs incurred in the supervision of visitation. § 9:362(6). In no case shall supervised visitation be overnight or in the home of the violent parent. § 9:362(6). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
MAINE
|
| Domestic Abuse |
The court shall establish conditions of parent-child contact in cases involving domestic abuse by ordering contact to be supervised by another person or agency. 19-A Me. Rev. Stat. § 1653(6)(B)(2) (2006). If a court allows a family or household member to supervise parent-child contract, the court shall establish conditions to be followed during that contact. § 1653(6)(F). Such conditions include minimizing circumstances when the family of the parent who has committed domestic abuse would be supervising visits, ensuring that contact does not damage the relationship with the parent with whom the child has primary physical residence, ensuring the safety and well-being of the child and requiring that supervision is provided by a person who is physically and mentally capable of supervising a visit and who does not have a criminal history or history of abuse or neglect. § 1653(6)(F)(1)-(4). |
| Sexual Abuse |
In an order of parental rights and responsibilities, a court may require that parent-child contact between a minor child and a person convicted of a child-related sexual offense may occur only if there is another person or agency present to supervise the contact. § 1653(6-A)(C)(2). If the court allows a family or household member to supervise parent-child contact, the court shall establish conditions including minimizing circumstances when the family of the parent who has committed domestic abuse would be supervising visits, ensuring that contact does not damage the relationship with the parent with whom the child has primary physical residence, ensuring the safety and well-being of the child and requiring that supervision is provided by a person who is physically and mentally capable of supervising a visit and who does not have a criminal history or history of abuse or neglect. § 1653(6-A)(C)(1)-(4). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
MARYLAND
|
| Child Abuse |
In a custody or visitation proceeding, if the court has reasonable grounds to believe that a child has been abused or neglected by a party to the proceeding, the court shall determine whether abuse or neglect is likely to occur if custody or visitation rights are granted to the party. Md. Code, Fam. Law § 9-101(a) (2006). Unless the court specifically finds that there is no likelihood of further child abuse or neglect by the party, the court shall deny custody or visitation rights to that party, except that the court may approve a supervised visitation arrangement that assures the safety and the physiological, psychological, and emotional well-being of the child. § 9-101(b). |
| Murder |
A court may not award custody of a child or visitation with a child to a parent who has been found guilty of first degree or second degree murder of the other parent of the child, another child of the parent, or any family member residing in the household of either parent of the child. Md. Code, Fam. Law § 9-101.2(a)(1)-(2) (2006). However, if it is in the best interest of the child, the court may approve a supervised visitation arrangement that assures the safety and the physiological, psychological, and emotional well-being of the child. § 9-101.2(b). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
MASSACHUSETTS
|
| Adoption |
The courts shall determine, at the time of initial placements wherein children and their siblings are separated through placements in foster, pre-adoptive, or adoptive care, that such visitation rights be implemented through a schedule of visitations or supervised visitations to be arranged and monitored through the appropriate public or private agency, and with the participation of the foster, pre-adoptive or adoptive parents, or extended family members, and other parties who are relevant to the preservation of sibling relationships and visitation rights. Mass. Gen. Laws 119 § 23(A) (2007). |
| Domestic Abuse |
In issuing a temporary or permanent custody order, the probate and family courts shall consider evidence of past or present abuse toward a parent or child as a factor contrary to the best interest of the child. Mass. Gen. Laws 208 § 31A (2007). If ordering visitation to the abusive parent, the court shall provide for the safety and well-being of the child and the safety of the abused parent and may consider ordering visitation supervised by an appropriate third party, visitation center or agency. 208 § 31A(b). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
MICHIGAN
|
| Divorce |
Parenting time shall be granted in accordance with the best interests of the child. Mich. Comp. Law. § 722.27a(7a)(1) (2006). A parenting time order may contain any reasonable terms or conditions that facilitate the orderly and meaningful exercise of parenting time by a parent including requiring that parenting time occur in the presence of a third person or agency. § 722.27a(7a)(8)(f). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
MINNESOTA
|
| Custody |
If a child has been taken into custody because the child’s surroundings endanger the child’s health or welfare, and the court determines that the child should continue in foster care, the court shall include in its order reasonable rules for supervised or unsupervised parental visitation of the child in the foster care facility unless it finds that visitation would endanger the child’s physical or emotional well-being. Minn. Stat. § 260C.178(3) (2006). |
| Divorce |
In all proceedings for dissolution or legal separation, the court shall grant parenting time on behalf of the child and a parent as will enable the child and the parent to maintain a child to parent relationship that will be in the best interest of the child. Minn. Stat. § 518.175(1)(a) (2006). If the court finds that parenting time with a parent is likely to endanger the child’s physical or emotional health or impair the child’s emotional development, the court shall restrict parenting time with that parent as to the time, place, duration or supervision and may deny parenting time entirely. § 518.175(1)(a). If a parent requests supervised parenting time and an order for protection is in effect against the other parent to protect the parent with whom the child resides or the child, the judge or judicial officer must consider the order for protection in making a decision regarding parenting time. § 518.175(1a)(a). The state court administrator, in consultation with representatives of parents and other interested persons, shall develop standards to be met by persons who are responsible for supervising parenting time. § 518.175(1a)(b). Either parent may challenge the appropriateness of an individual chosen by the court to supervise parenting time. § 518.175(1a)(b). If a parent makes specific allegations that parenting time by the other parent takes place the parent or child in danger of harm, the court shall hold a hearing to determine the need to modify the order granting parenting time. § 518.175(5). The court may require a third party, including the local social services agency, to supervise the parenting time or may restrict a parent’s parenting time if necessary to protect the other parent or child from harm. § 518.175(5)(a). |
| Domestic Abuse |
In a petition for an order of protection may be made by any family or household member personally or by a family or household member. Minn. Stat. § 518B.01(4)(a) (2006). The court shall advise the petitioner of the right to request supervised parenting time. § 518B.01(4)(j). If the court finds that the safety of the victim or the children will be jeopardized by unsupervised or unrestricted parenting time, the court shall condition or restrict parenting time as to time, place, duration or supervision, or deny parenting time entirely. § 518B.01(6)(a)(4). |
| Supervised Visitation |
The commissioner shall award grants in amounts up to $50,000 for the purposes of creating or maintaining parenting time centers in an effort to reduce children’s vulnerability to violence and trauma related to parenting time, where there has been a history of domestic violence or abuse within the family. Minn. Stat. § 119A.37(1) (2006). The centers must be available for use by district courts who may order parenting time to occur at a parenting time center. § 119A.37(1). Each county or group of counties is encouraged to provide supervised parenting time services in an effort to fill the gap in the court system that orders supervised parenting time but does not provide a center to accomplish the supervised parenting time as ordered. § 119A.37(2). |
MISSISSIPPI
|
| Domestic Abuse |
In a proceeding where the custody of a child is in dispute, a court may award visitation by a parent who committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or family violence can be made. Miss. Code § 93-5-24(9)(d)(i) (2006). In a visitation order, a court may order an exchange of the child to occur in a protected setting, order visitation supervised in a manner to be determined by the court, or order the perpetrator of domestic or family violence to attend and complete to the satisfaction of the court a program of intervention for perpetrators or other designated counseling as a condition of visitation. § 93-5-24(9)(d)(ii)(1)-(3). If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation. § 93-5-24(9)(f). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
MISSOURI
|
| Child Abuse |
In any proceeding determining visitation rights, the court shall not grant unsupervised visitation to a parent if the parent or any person residing with such parent has been found guilty of or pled guilty to any of the following offenses when a child was the victim: forcible or statutory rape, sexual assault, forcible or statutory sodomy, child molestation, sexual misconduct, sexual abuse, unlawful sex with an animal, enticement of a child, abusing an individual through forced labor, trafficking for the purpose of slavery or sexual exploitation, incest, genital mutilation of a female child, child used in sexual performance, promoting sexual performance by a child, or trafficking of children. Mo. Stat. § 452.400(2)(2)(a)(a)-(g). When a court restricts a parent’s visitation rights or when a court orders supervised visitation because of allegations of abuse or domestic violence, a showing of proof of treatment and rehabilitation shall be made to the court before unsupervised visitation may be ordered. § 452.400(2)(3). “Supervised visitation” is visitation which takes place in the presence of a responsible adult appointed by the court for the protection of the child. § 452.400(2)(3). |
| Divorce |
The court shall determine custody in accordance with the best interests of the child. Mo. Stat. § 452.375(2) (2006). Custody and visitation shall be ordered in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, and the parent or other family or household member who is the victim of domestic violence from any further harm. § 452.375(2)(6). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
MONTANA
|
| Divorce |
If both parents or all contestants agree to a custody order or if the court finds that in the absence of the order the child’s physical health would be endangered or the child’s emotional development significantly impaired, the court may order supervised visitation by the noncustodial parent. Mont. Code § 40-4-218(2) (2005). The court may not order the department of public health and human services to supervise the visitation. § 40-4-218(2). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
NEBRASKA
|
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
NEVADA
|
| Child Abuse |
The court may enjoin an adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent. Nev. Rev. Stat. § 33.030(1)(a) (2006). The court by an extended order may grant such relief and specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary. § 33.030(2)(a). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
NEW HAMPSHIRE
|
| Domestic Violence |
Upon a showing of abuse by a preponderance of the evidence, the court shall grant such relief as is necessary to bring about a cessation of such abuse. N.H. Rev. Stat. § 173-B:5(I) (2006); N.H. Rev. Stat. § 173-B:4(I) (2006). Such relief may include establishing visitation rights with regard to the parties’ minor children. § 173-B:5(I)(b)(6). This may include orders denying visitation or requiring supervised visitation. . § 173-B:5(I)(b)(6). In making such determination, the court shall consider whether visitation can be exercised by the non-custodial parent without risk to the plaintiff’s or children’s safety. § 173-B:5(I)(b)(6). Additionally, the court shall consider the degree to which visitation exposes the plaintiff or the children to physical or psychological harm, whether the risk of physical or psychological harm can be removed by ordering supervised visitation, and whether visitation can be ordered without requiring the plaintiff and defendant to have contact regarding the exchange of children. § 173-B:5(I)(b)(6)(A)-(C).
The clerk shall be responsible for advising victims of their right to request that the judge issue an order to include giving the victim custody of any minor children, denying the defendant visitation, or requiring that visitation be supervised to ensure safety for the victim and minor children. § 173-B:11(II)(c). |
| Child Abuse |
If the court finds that a child is abused or neglected, the court may order that the parents, guardian, relative, or custodian accept legal supervision by a child placing agency. N.H. Rev. Stat. § 169-C:19(I)(a) (2006). An order of protection may be issued setting forth conditions of behavior by a parent, relative, sibling, guardian, custodian or a household member. § 169-C:19(II)(a). Such order may require any such person to permit a parent or other named person to visit supervised or otherwise, or have contact with the child at stated periods and under such conditions as the court may order. § 169-C:19(II)(a)(2). |
| Supervised Visitation Programs |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
NEW JERSEY
|
| Domestic Violence |
In proceedings in which complaints for restraining orders have been filed, the
court shall grant any relief necessary to prevent further abuse. N.J. Stat. § 2C: 25-29(b) (2006). At the hearing the judge of the Family Part of the Chancery Division of the Superior Court may issue an order granting supervised parenting time. § 2C: 25-29(b)(3). |
| Supervised Visitation Program |
The Legislature finds that courts often orders supervised visitation where there has been a history of child abuse, medical disabilities, psychiatric problems or other situations where the safety and welfare of the child may be jeopardized. N.J. Stat. § 2A: 12-7(a) (2006). Therefore, the legislature created an act to facilitate supervised visitation by making the facilities and members of local community organizations available to assist the court ordered supervised visitation. § 2A: 12-7(d); § 2A: 12-9. The purpose of the program shall be to promote court ordered supervised visitation by having approved community organizations throughout the State supply facilities and personnel to enable supervised visitation to take place. N.J. Stat. § 2A: 12-10 (2006). Any court having jurisdiction over a child visitation matter, which orders supervised child visitation, may direct in the order that the visitation take place at an approved community organization. N.J. Stat. § 2A:12-12 (2006). |
NEW MEXICO
|
| Custody |
In any proceeding when custody of a minor child is contested, the court may appoint a guardian ad litem on the court’s motion or upon the motion of any party. N.M. Court Rule 1-053.3(A) (2006). In determining whether an appointment will be made, the court may consider relevant including any requests for extraordinary remedies including supervised visitation. 1-063.3(E). |
| Supervised Visitation Program |
A judicial district may establish a supervised visitation program by local court rule approved by the supreme court. N.M. Stat. § 40-12-5.1(A) (2006). The supervised visitation program shall be used when, in the opinion of the court, the best interests of the child are served if confrontation or contact between the parents is to be avoided during exchanges of custody or if contact between a parent and a child should be supervised. § 40-12-5.1(A). In a supervised visitation program, the district court may employ or contract with a person with whom a child may be left by one parent for a short period while waiting to be picked up by the other parent or to supervise visits among one or both parents and the child. § 40-12-5.1(A)(1)-(2). A parent may request the services of the supervised visitation program or the court may order that the program be used. § 40-12-5.1(B). |
NEW YORK
|
| Custody |
In a proceeding involving an order of visitation, a respondent shall be granted reasonable and regularly scheduled visitation unless the court finds that the child’s life or health would be endangered thereby, but the court may order visitation under the supervision of an employee of a local social services department upon a finding that such supervised visitation is in the best interest of the child. N.Y. Dom. Rel. Law § 1030(c) (2007). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
NORTH CAROLINA
|
| Domestic Violence |
In an action for relief from domestic violence, and if the court determines that it is in the best interest of the minor child for the other party to have contact with the minor child or children, the court shall issue an order designed to protect the safety and well-being of the minor child and the aggrieved party. N.C. Stat. § 50B-2(c) (2006). The court shall specify the terms of contact between the other party and the minor child and may include a specific schedule of time and location of exchange of the minor child, supervision by a third party or supervised visitation center, and any other conditions that will ensure both the well-being of the minor child and the aggrieved party. § 50B-2(c). The court may consider ordering supervised visitation by an appropriate third party or at a supervised visitation center or other approved agency. § 50B-3(a1)(3)(b). A person, supervised visitation center, or other agency may be approved to supervise visitation after appearing in court or filing an affidavit accepting that responsibility and acknowledging accountability to the court. § 50B-3(a1)(3). |
| Sexual Abuse |
If the magistrate finds that the child is exposed to a substantial risk of physical or emotional injury or sexual abuse, upon request of the aggrieved party, the magistrate shall consider and may order the other party to stay away from a minor child. § 50B-2(c1). The order shall specify the terms of contact between the other party and the minor child and may include a specific schedule of time and location of exchange of the minor child, supervision by a third party or supervised visitation center, and any other conditions that will ensure both the well-being of the minor child and the aggrieved party. § 50B-2(c1). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
NORTH DAKOTA
|
| Domestic Violence |
In an action for divorce, if the court finds that has perpetrated domestic violence and that parent does not have custody, and there exists one incident of domestic violence which resulted in serious bodily injury or involved the use of a dangerous weapon or there exists a pattern of domestic violence within a reasonable time proximate to the proceeding, the court shall allow only supervised child visitation with that parent unless there is a showing by clear and convincing evidence that unsupervised visitation would not endanger the child’s physical or emotional health. N.D. Cent. Code § 14-05-22(3) (2005). |
| Sexual Abuse |
In an action for divorce, if any court finds that a parent has sexually abused the parent’s child, the court shall prohibit all visitation and contact between the abusive parent and the child until the court finds that the abusive parent has successfully completed a treatment program designed for such sexual abusers, and that supervised visitation is in the child’s best interest. N.D. Cent. Code § 14-05-22(4). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
OHIO
|
| Divorce |
If a divorce, dissolution, legal separation, or annulment proceedings involves a child and if the court has not issued a shared parenting decree, the court shall make a just and reasonable order or decree permitting each parent who is not the residential parent to have parenting time with the child at the time and under the conditions that the court directs unless the court determines that it would not be in the best interest of the child to permit that parent to have parenting time with the child. Ohio. Rev. Code § 3109.051(A) (2006).
Unless there is a report of abuse, if the court grants parenting time to a parent or visitation rights to any other person with respect to any child, it shall not require the public children services agency to provide supervision of or other services related to that parent’s exercise of parenting time or visitation rights with respect to the child. § 3109.051(A). |
| Domestic Violence |
If a petitioner, or the child of a petitioner, who obtains a protection order and is the subject of a parenting time order, the court may require the public children services agency of the county in which the court is located to provide supervision of the respondent’s exercise of parenting time or visitation with respect to the child for a period not to exceed nine months. Ohio. Rev. Code § 3113.31(E)(6)(a) (2006). To make such an order, the court must determine the child is in danger from the respondent and no other person or agency is available to provide the supervision. § 3113.31(E)(6)(a)(i)-(ii). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
OKLAHOMA
|
| Requirements for Judicial Personnel |
Judge, associate judges, special judges, and referees who have juvenile or domestic docket responsibility, are required to complete training relating to safe visitation and supervised visitation arrangements and standards for a child and parties involved in a court-ordered visitation. Okla. Stat. 10 §1211(A)(1) (2007).
Any court appointed special advocate available for appointment shall complete education and training courses in juvenile law and other issues relating to children such as safe visitation and supervised visitation arrangements and standards for a child and parties. 10 §1211(G). |
| Supervised Visitation Program |
It is the policy of Oklahoma to ensure that the health, safety, and welfare of the child is paramount when supervised visitation is ordered by the court. Okla. Stat. 43 § 110.1a(B) (2007). Supervised visitation means the court -ordered contact between a noncustodial parent and one or more children of such parent in the presence of a third-party person who is responsible for observing and overseeing the visitation in order to provide for the safety of the child and any other parties during the visitation. 43 § 110.1a(C)(1). The court may require supervised visitation when deemed necessary by the court to protect the child or other parties. 43 § 110.1a(C)(1).
The associate district judge in each county within Oklahoma may select trained volunteers to provide supervised visitation. 43 § 110.1a(D)(1). The associate district judge in each county may also authorize one or more public or private agencies to provide location sites for the Oklahoma Child Supervised Visitation Program. 43 § 110.1a(D)(1).
Either party requesting supervised visitation of a child may identify a trained-third party volunteer to observe and oversee the visitation. 43 § 110.1a(D)(3). However, a district court shall not require any state agency location or state employee to observe and oversee any supervised visitation, or appoint a third party to observe and oversee a supervised visitation who has not received the training as specified by the judicial district supervised visitation team unless agreed to by the parties. 43 § 110.1a(D)(3)(a)-(b). |
OREGON
|
| Abduction |
A court that finds by clear and convincing evidence a risk of international abduction of a minor child may issue a court order requiring a parent who is subject to a custody order and who plans to travel with a minor child to a foreign country to provide security bond, or submit to supervised parenting time. Or. Rev. Stat. § 109.035(2), (4)(b) (2006). |
| Domestic Abuse |
If the court awards parenting time to a parent who committed abuse, the court shall make adequate provision for the safety of the child and of the petitioner. Or. Rev. Stat. § 107.718(6) (2006). The order of the court may include, but is not limited to the following: that exchange of a child between parents shall occur at a protected location, that parenting time be supervised by another person or agency, or that the perpetrator of the abuse pay all or a portion of the cost of supervised parenting time. § 107.718(6)(a), (b), (e). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
PENNSYLVANIA
|
| Domestic Abuse |
The court may grant any protection order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children. Pa. Cons. Stat. 23 § 6108(a) (2006). The order may include establishing temporary visitation rights with regard to minor children. 23 § 6108(a)(4). However a defendant shall not be granted unsupervised visitation where it is alleged in the petition, and the court finds that the defendant abused the minor children of the parties, poses a risk of abuse toward the minor children of the parties, the defendant has been convicted of interfering with custody of children within two calendar years prior to the filing of the petition for protection, or the court finds the defendant poses a risk of interfering with custody of children. 23 § 6108(a)(4)(i)(A)-(B).
Where the court finds that the defendant has inflicted abuse upon the plaintiff or a child, the court may require supervised custodial access by a third party. 23 § 6108(a)(4)(ii). Where the court finds that the defendant has inflicted serious abuse upon the plaintiff or a child or poses a risk of abuse toward the plaintiff or a child the court may award supervised visitation in a secure visitation facility or may deny defendant custodial access to a child. 23 § 6108(a)(4)(iii)(A)-(B). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
RHODE ISLAND
|
| Divorce |
In any petition for divorce, the court, when making decisions regarding child custody and visitation, shall consider evidence of past or present domestic violence. R.I. Gen. Laws § 15-5-16(g)(1) (2006). When domestic violence is proven, any grant of visitation shall be arranged so as to best protect the child and the abused parent from further harm. § 15-5-16(g)(1). In a visitation or custody order, as a condition of the order, the court may order an exchange of the child to occur in a protected setting, or supervised by another person or agency. § 15-5-16(g)(3)(v). If the court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation. § 15-5-16(g)(3)(v). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
SOUTH CAROLINA
|
| Domestic Abuse |
A court may award visitation to a person who has been found by a general sessions, magistrates, municipal, or family court to have committed domestic violence, or in cases in which complaints were made against both parties, to the person found by a general sessions, magistrates, municipal, or family court to be the primary aggressor, only if the court finds that adequate provision for the safety and the victim of domestic violence can be made. S.C. Code § 20-7-1535(A) (2006). In a visitation order, a court may order an exchange of a child to occur in a protected setting, or order supervised visitation by another person or agency. § 20-7-1535(B)(1)-(2). If a court allows a household member to supervise visitation, the court must establish conditions to be followed during the visitation. § 20-7-1535(C). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
SOUTH DAKOTA
|
| Child Abuse |
If an adjudicated, abused or neglected child whose parental rights have not been terminated has been in the custody of the Department of Social Services and the court does not find at the hearing that goods cause exists for termination of parental rights, the court may make further disposition of the child by returning custody to the child’s parents, guardian or custodian with or without supervision. S.D. Codified Laws § 26-8A-26(1) (2006). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
TENNESSEE
|
| Divorce |
In a suit for annulment, divorce, or separate maintenance, where the custody of a minor child or minor children is in question, there is a presumption that custody shall not be awarded to a parent who has been convicted of a sexual offense against a child, unless the court finds by clear and convincing evidence to the contrary. Tenn. Code § 36-6-101(a)(1)-(2)(A)(ii) (2006). However this provision shall not be construed to prevent a parent who has been convicted of a sexual offense against a child, from being granted visitation with the child provided that any visitation shall be supervised. § 36-6-101(a)(2)(A)(iii)
After making an award of custody, if the court finds that the non-custodial parent has physically or emotionally abused the child, the court may require that visitation be supervised or prohibited until such abuse has ceased or until there is no reasonable likelihood that such abuse will recur. Tenn. Code § 36-6-301 (2006). However, the court may not order the department of children’s services to provide supervision of visitation except in cases where the department is the petitioner or intervening petitioner in a case in which the custody or guardianship of a child is at issue. § 36-6-301. |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
TEXAS
|
| Abduction |
If the court finds that it is necessary to take measures to protect a child from international abduction by a parent of the child, the court may require supervised visitation of the parent by a visitation center or independent organization until the court finds that supervised visitation is no longer necessary. Tex. Stat. § 153.503(2). |
| Domestic Violence |
The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that there is a history of pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit, unless the court finds that awarding the parent to have access to a child would not endanger the child’s physical health or emotional welfare and would be in the best interest of the child and renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent. Tex. Stat. § 153.004(d)(1)-(2). A possession order may include that periods of access be continuously supervised by an entity or person chosen by the court. § 153.004(d)(2)(A).
It is a rebuttable presumption that it is not in the best interest of the child for a parent to have unsupervised visitation with the child if credible evidence is presented of a history or pattern of past or present child neglect or physical or sexual abuse by that parent direct against the other parent, a spouse, or a child. Tex. Stat. § 153.004(e). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
UTAH
|
| Child Abuse |
A protective order for a child who is being abused or is in imminent danger of being abused, may contain provisions for supervision of parent-time by a third party. Utah Code § 78-3h-104(2)(b) (2006). |
| Supervised Visitation Program |
The Utah legislature established an Expedited Parent-time Enforcement Pilot Program to be administered from July 1, 2003 to July 1, 2007. Utah Code § 30-3-38(1) (2006). The program should assist families in resolving parent-time problems through, among other things, supervised parent-time. § 30-3-38(2)(b)(ii).
If a parent makes an allegation of physical or sexual abuse of a child who is the subject of a parent-time order against a parent with parent-time rights or a member of that parent’s household, parent-time by that parent shall be supervised until the allegation has been resolved or a court orders otherwise. § 30-3-38(4)(b)(i)-(ii). |
VERMONT
|
| Domestic Abuse |
After a complaint seeking relief from abuse, if the court finds that contact between the defendant and the child or children will result in abuse, the court shall specify conditions under which such contact may be exercised so as to prevent further abuse. Vt. Fam. Rules 9(f)(3) (2006). In determining contact between the defendant and the child or children, the court shall consider the best interests of the child or children, and conditions which will minimize the likelihood of further harm to plaintiff or the children. Vt. Fam. Rules 9(f)(3). Such conditions may include supervision. Vt. Fam. Rules 9(f)(3). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
VIRGINIA
|
| Child Abuse |
If a child is found: to be abused or neglected; at risk of being abused or neglected by a parent or custodian who has been adjudicated as having abused or neglected another child in his care; or abandoned by his parent or other custodian, or without parental care and guardianship because of his parent’s absence or physical or mental incapacity, the juvenile court or the circuit court may prohibit or limit contact as the court deems appropriate between the child and his parent or other adult occupant of the same dwelling whose presence tends to endanger the child’s life, health or normal development. Va. Code § 16.1-278.2(A)(3) (2006). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
WASHINGTON
|
| Child Abuse |
Visitation with the child shall be limited if it is found that the parent seeking visitation has engaged in: willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; physical, sexual, or a pattern of emotional abuse of a child; a history of acts of domestic violence or an assault or sexual assault which causes grievous bodily harm or the fear of such harm; or the parent has been convicted as an adult of a sex offense. § 26.10.160(2)(a). Additionally, the parent's visitation with the child shall be limited if it is found that the parent resides with a person who has engaged in: physical, sexual, or a pattern of emotional abuse of a child; a history of acts of domestic violence or an assault or sexual assault that causes grievous bodily harm or the fear of such harm; or the person has been convicted as an adult or as a juvenile has been adjudicated of a sex offense. § 26.10.160(2)(b)
If the court limits visitation to require supervised contact between the child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of the child unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is willing to and capable of protecting the child from harm. § 26.10.160(m)(iii). |
| Sexual Offenses |
There is a rebuttable presumption that a parent who has been convicted as an adult of a sex offense poses a present danger to a child. Wash. Rev. Code § 26.10.160(2)(d) (2006). If the court finds that a parent has met the burden of rebutting the presumption, the court may allow a parent who has been convicted as an adult of a sex offense to have visitation with the child supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. § 26.10.160(2)(h). The court shall not approve of a supervisor for contact between the child and the parent unless the court finds that the supervisor is willing and capable of protecting the child from harm. § 26.10.160(2)(h). The court shall revoke court approval of the supervisor upon finding that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child. § 26.10.160(2)(h).
There is a rebuttable presumption that a parent who resides with a person who, as an adult has been convicted, or as a juvenile has been adjudicated, of sex offenses, places a child at risk of abuse or harm when that parent exercises visitation in the presence of the convicted or adjudicated person. § 26.10.160(2)(e). If the court finds that the parent has met the burden of rebutting the presumption, the court may allow a parent residing with a person who has been convicted or adjudicated as a juvenile of a sex offense to have visitation with the child in the presence of the person who has been convicted or adjudicated as a juvenile, supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. § 26.10.160(2)(i)-(j). The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. § 26.10.160(2)(i)-(j). The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child. § 26.10.160(2)(i)-(j).
A court shall not order unsupervised contact between the offending parent and a child of the offending parent who was sexually abused by that parent. § 26.10.160(2)(k). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
WEST VIRGINIA
|
| Domestic Violence |
A court may award visitation of a child by a parent who has committed domestic violence only if the court finds that adequate provision for the safety of the child and the petitioner can be made. § 48-27-509(a) (2007). In a visitation order a court may order an exchange of a child to occur in a protected setting or order that supervision be provided by another person or agency. § 48-27-509(b)(1)-(2). If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation. § 48-27-509(d). |
| Grandparent Visitation |
In the court’s discretion, an order granting visitation privileges to a grandparent may require supervised visitation. 48-10-802(1) (2007). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
WISCONSIN
|
| Child Abuse |
The judge may provide, in a restraining order or injunction, that any authorized visitation be supervised. Wis. Stat. § 813.122(5)(b) (2007). |
| Domestic Abuse |
If the court finds that a party has engaged in a pattern or serious incident of interspousal battery, or domestic abuse, and the court awards periods of physical placement to both parties, the court shall provide for the safety and well-being of the child and for the safety of the party who was the victim of the batter or abuse. § 767.41(6)(g). For that purpose, the court may impose requiring the exchange of the child to occur in a protected setting or in the presence of an appropriate third party or requiring the child’s periods of physical placement with the party who committed the battery or abuse to be supervised by an appropriate third party. § 767.41(6)(g)(1)-(2). |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
WYOMING
|
| Domestic Violence |
As part of any order of protection from domestic violence, the court may order an exchange of children to occur in a protected setting or order that visitation be arranged and supervised by another person or agency. Wyo. Stat. § 35-21-105(b)(i)(A)-(B) (2006). If the supervision is to be by family or household member, the court must establish conditions to be followed during the visitation. § 35-21-105(b)(i)(B) |
| Supervised Visitation Program |
There are no statutes in this jurisdiction regarding supervised visitation programs. |
*Healthcare professionals includes: doctors, osteopaths, interns, residents, nurses (both RNs and LPNs), physician assistants, nurse practitioners, dentists, hygienists, optometrists, and chiropractors.
(2006)
This document was created by the CLEARINGHOUSE ON SUPERVISED VISITATION AT FLORIDA STATE UNIVERSITY.
DO NOT PUBLISH OR CIRCULATE WITHOUT EXPRESS AUTHORIZATION OF THE CLEARINGHOUSE.
Seek the advice of an attorney in your state; this document does not provide legal advice. |
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